Due Process

Updated: 6/10/2026

Scholar Guide Sections: Scholar & Family Rights
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Due Process Rights 

School administrators are charged with maintaining an atmosphere in each school building, which is good for learning. Sometimes it becomes necessary to suspend individual scholars from school who disrupt the learning atmosphere. When suspending or expelling any scholar, administrators shall guarantee that each scholar has certain due process rights. Information regarding these rights is provided to the scholar at the time of disciplinary action.

Out-of-School/Program Suspension, 1-10 School Days

  1. A teacher may remove a scholar from class to a place designated by administration when the grossness of an offense, the persistence of misbehavior or the disruptive effect of a violation makes the continued presence of the scholar a detriment to the learning environment.
  2. When appropriate, teachers (or other involved staff) shall first inform the scholar of his/her misconduct. In the event of subsequent acts of misconduct, the teacher (or other involved staff) shall either inform the scholar’s Parent/Guardian or make a counselor referral. Specific steps are outlined in the Behavioral Referral Form. The Parent/Guardian shall be informed whenever disciplinary problems exist.
  3. At such time as the teacher (or other involved staff) concludes that they are to take other disciplinary measures within the guidelines, they may refer the scholar to the Principal (or designee).
  4. Scholars shall not be released from school by any Principal, Assistant Principal, Dean of Scholar Accountability, Teacher, Attendance Officer or School Secretary without verified Parent(s)/Guardian(s) notification.
  5. In the event a Principal deems it necessary, a scholar may be sent home during school hours. In the case of a minor scholar, if a Parent/ Guardian is not able to pick up the scholar at school, or the Principal (or designee) is unable to accompany the scholar home, the scholar shall be retained in the school building until dismissal time, unless the Parent/Guardian directs otherwise. Records shall be maintained of the circumstances under which the scholar is sent home.
  6. At such time as the Principal (or designee) determines that out-of-school/ program suspension is an appropriate action, he/she/they shall inform the scholar orally or in writing of the charges and evidence and provide the scholar with an opportunity to present his/her version.
  7. The Principal (or designee) shall inform the Parent/Guardian of the minor scholar of the charges, the rationale for the suspension, and the length of the suspension. Communication shall be by phone, homecall/visit, or written notification. Written documentation regarding the phone contact or home-call/visit and a copy of the written notification shall be maintained.
  8. The Parent/Guardian shall also receive a copy of the Suspension Notice from the Principal (or designee) in person or through the mail, and a copy shall be placed in the scholar’s file. The Parent/Guardian of a scholar with Special Education services shall also receive a copy of the Special Education Parent Handbook with procedural safeguards.
  9. The Principal may grant a conference at the request of the Parent/ Guardian of a minor scholar to discuss the offense and the suspension decision. The Principal (or designee) may alter or negate the original suspension decision as a result of the conference. If the suspension is negated, all records of the suspension shall be removed from the files.
  10. The scholar and Parent/Guardian of a minor scholar shall be informed of the right and means to appeal certain suspension decisions. For suspension from one to five (1-5) school days, the decision of the Principal is final. The aggrieved scholar or Parent/Guardian of a minor scholar may request an administrative review of suspension from six to ten (6-10) school days. The request must be made within three (3) school days of the decision being reviewed and shall be directed to the appropriate administrator as follows:
    1. To the Principal for the decision of an Assistant Principal or Dean of Scholar Accountability 
    2. To the Supervisor of Community & Student Services for the decision of a Principal
  11. Community & Student Services shall be informed immediately if a weapon is involved and if a recommendation for long-term suspension or expulsion for any offense is being made.
  12. The Principal (or designee) shall be responsible for entering suspension data into The Scholar Database within twenty-four (24) hours of the decision for all suspensions from school regardless of the length of time. 

Long-Term Suspension/Expulsion, More than 10 School Days

Except in emergency situations (health or safety), appropriate procedures must be followed to place scholars on long-term suspension or expulsion for more than ten (10) school days. According to federal law, these procedures do not apply to scholars eligible for special education or Section 504 services, or to scholars the District knows or has reason to know, should be evaluated for special education eligibility. 

Suspension Appeal Process 

Decisions of the Hearing Officer may be appealed if the expulsion is ninety (90) school days or more. Appeal rights will be described in writing when an expulsion of ninety (90) school days or more is issued. Also see Public Act on page 59, Due Process item 7 on page 49, and Special Education and Section 504 Policies on page 37. Appropriate procedures are as follows:

  • Factors to Consider Before Suspension or Expulsion:
    1. The scholar’s age
    2. The scholar’s disciplinary history
    3. Whether the scholar has a disability
    4. The seriousness of the behavior
    5. Whether the violation or behavior threatened the safety of any scholar or staff member
    6. Whether Restorative Practices will be used to address the violation or behavior
    7. Whether a lesser intervention would properly address the violation or behavior.
  1. Investigation of Alleged Violations and Recommendation: The appropriate building or program administrator conducts an investigation regarding alleged violations of Board of Education Policy 8300, Uniform Discipline Code for Scholar Conduct. 

    The administrator issues this written notice as soon as possible, but no later than two (2) school days after the infraction. A copy of this notice is also sent by fax to Community & Student Services. The scholar is temporarily suspended pending the hearing process. 

    *Note: According to BOE Policy 8350 Scholars seven (7) years old or younger, and scholars who have not had any prior suspensions during the current school year, may not be recommended for expulsion (unless in violation of any Public Act) or long-term suspension.

    If after investigation the administrator decides that a recommendation for long-term suspension or expulsion (more than ten (10) school days) is warranted, the administrator shall notify the scholar and the Parent/Guardian in writing of:
    1. The charges against the scholar
    2. The recommended disciplinary action
    3. Their right to a hearing before an impartial Hearing Officer 
  2. Notice of Hearing: After receiving an administrator’s recommendation for long-term suspension or expulsion, Community & Student Services issues a written notification of hearing to the scholar and Parent(s)/Guardian(s). Any notice of a proposal to suspend long-term shall state the time, date, and place that the scholar will be afforded an opportunity for a formal hearing, and the hearing shall be held no later than ten (10) school days after the date of the notice. A copy of this policy and administrative procedures shall accompany the notice. The hearing is then conducted as described in Item 5 below. At the time of the hearing, a public notice of the hearing is posted on the front of the GRPS Administrative Office/Rev. Lyman S. Parks, Sr. building as required by the Open Meetings Act, Public Act 267. 
  3. Hearing Officer: A Hearing Officer is designated by Community & Student Services, or the Superintendent (or designee). The Hearing Officer may not have been involved in the investigation of the charges.
  4. Scholar Advocate: When a District scholar faces possible long-term suspension or expulsion a Scholar Advocate is appointed by the Superintendent (or designee). The advocate assists the scholar and Parent/Guardian, upon request. A Scholar Advocate is not appointed if a Parent Advocate or attorney is involved in the matter. If a Scholar Advocate is assigned, he/she/they is considered a School Official with a legitimate interest in having access to the scholar’s education record.
  5. Hearing Procedures:
    • Purpose: The Purpose of the hearing is to determine:
      • Whether the scholar did or did not do what the charges claim
      • Whether the disciplinary action recommended by the school shall be imposed or whether some other type of discipline shall be imposed
    • Open/Closed Meeting: Eighteen (18) year olds or other independent scholars or a Parent/Guardian of a minor scholar may request to have the hearing held in an Open Meeting (so that others can observe and/ or obtain full disclosure of the hearing), or a Closed Meeting (private, so that others cannot observe and/or obtain disclosure of hearing, only the hearing decision) pursuant to the Open Meetings Act. Per this state law, at the point the Hearing Officer delivers a decision the hearing must return to an Open Meeting, ensuring that the information is available to the public if it is ever requested.
    • Appearances: Scholars and Parent(s)/Guardian(s) have the right to testify as to the facts, or other evidence, and explain their reasons for disagreeing with the school’s charges or recommendation for discipline.
    • Right to Legal Counsel: Attorneys are permitted. When a scholar is represented by legal counsel, the District may be represented by legal counsel.
    • Witnesses: If the scholar wishes to present witnesses who have knowledge of the circumstances of their case, the scholar must arrange to have them attend the hearing. If the scholar needs help in identifying District staff witnesses, the scholar is to contact his/her assigned Scholar Advocate.
    • Records: If the scholar has any written information, documents or letters relevant to their case, these are to be presented at the hearing.
    • Evidence: Strict rules of evidence do not apply. However, all testimony and documents must be relevant to the misconduct charge. Hearsay and other evidence not admissible in a court are admitted if a reasonably prudent person would accept the offered evidence as reliable under all of the circumstances. In expulsion cases, hearsay shall generally not be the only evidence determining whether the charges are true or false. However, sworn affidavits from scholar eyewitnesses (whose identity is not disclosed) to serious offenses (usually criminal offenses), may be admissible if a school administrator:
      • Makes a determination of the scholar’s trustworthiness
      • Investigates the past relationship, if any, between the scholar eyewitness and the accused scholar to determine improper bias or motive
    • Record of Hearing: The hearing shall be mechanically or electronically recorded and/or minutes recorded. If the District or scholar chooses to have a stenographic record; the requesting party will bear the cost of making that record.
    • Decision: The Hearing Officer renders a written decision within seven (7) school days after the close of the hearing, unless the scholar or Parent(s)/Guardian(s) agree to an extension . 
    • Postponements: A person requesting postponement of the hearing is to call Community & Student Services. Postponements are granted only if all parties consent to the continued suspension of the scholar or in exceptional circumstances.
  6. Right of Appeal: The Hearing Officer advises the scholar and Parent/Guardian of their right to appeal when appropriate (if the suspension or expulsion is ninety (90) school days or more). The scholar remains suspended while any appeals are processed. Also see Suspension Appeal Process on page 66. 
  7. Procedures Applicable to Special Education and Section 504 Scholars: Unless modified by an Individual Education Plan (IEP), a scholar with a disability is expected to follow the same rules as general education scholars and is subject to the same discipline procedures, as long as the discipline does not exceed ten (10) school days of suspension. 

Special Education

Before a scholar with Special Education services may be suspended or expelled for more than ten (10) school days, an Individual Education Program Team (IEP Team) shall be convened to conduct a manifestation determination. The manifestation determination must be held within ten (10) school days of the first day of school suspension. The IEP Team does not determine discipline, but shall review all relevant information in the scholar’s file, including the scholar’s IEP, any teacher observations and any relevant information provided by the Parent/Guardian to determine:

  1. If the conduct in question was caused by or had a direct and substantive relationship to the scholar’s disability
  2. If the conduct in question was the direct result of the District’s failure to implement the IEP 

If the answer to either a or b above is yes, the misconduct shall be determined to be a manifestation of the scholar’s disability. If the IEP Team determines that the conduct was a manifestation of the scholar’s disability, they shall:

  1. Conduct a Functional Behavioral Assessment (FBA), and implement a Behavioral Intervention Plan (BIP) for the scholar unless a FBA and BIP have been done prior to the misconduct.
  2. If a BIP has already been developed, review the BIP and modify it, as necessary to address the behavior, and return the scholar to the placement from which the scholar was removed, unless the IEP Team (Parent(s)/Guardian(s) and the District) agrees to a change of placement as part of the modification of the BIP. 

If the IEP Team determines that the conduct was not a manifestation of the scholar’s disability, the scholar may be disciplined according to school policy. If the discipline results in a suspension or expulsion for more than ten (10) school days the District shall provide educational services to be determined at an IEP Team meeting. 

In cases where a scholar with Special Education services is found to be in possession of a dangerous weapon, drugs, or inflicts serious bodily injury to another individual, the District may unilaterally place the scholar in an interim alternate educational setting (IAES). For purposes of unilateral IAES, the federal definitions of drugs, weapons, and serious bodily injury must be followed. This can be for a period of up to forty-five (45) school days while the IEP team determines if the behavior was a manifestation of the scholar’s disability and/or plans for an alternate placement.

Section 504 Plan

Similarly, before a scholar with a Section 504 Plan may be suspended or expelled for more than (10) ten school days, a building Support Team must be convened to conduct a manifestation determination. Again, the manifestation determination must be held within ten (10) school days of the first day of suspension. The Support Team does not determine discipline, but shall review all relevant information in the scholar’s file and give consideration to the following questions:

  1. If the conduct in question was caused by or had a direct and substantive relationship to the scholar’s disability
  2. If the conduct in question was a direct result of the District’s failure to implement the 504 Plan 

If the Support Team determines that the conduct was a manifestation of the scholar’s disability:

  1. The scholar is returned to the placement from which he/she/they was removed.
  2. The team reviews the scholar’s Accommodation Checklist. 

If the Support Team determines that the conduct was not a manifestation of the scholar’s disability, the scholar may be disciplined according to school policy.